Council Minutes from 6/13/2007
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, JUNE 13, 2007.  ACTING MAYOR TAYLOR PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:  Peter Corvelli, Anthony DeLuca, Kathi Fiamingo, Robert Taylor and Fred Pugliese. Mayor David and Councilman Clementi were absent.

Acting Mayor Taylor read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor Taylor.

MINUTES

It was moved by Councilman DeLuca , seconded by Councilman Corvelli, and carried that the Work Session Meeting of May 22, 2007 and the Regular Meeting of May 23, 2007 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

           

1.      letter received from Robert Woods, 144 No. 19th Street requesting $950 for electrical repairs as a result of damage to his house caused by a borough tree.

2.      Letter from Susan P. Harmon, Edison, NJ  appealing our insurance company’s denial of her claim of damages to her vehicle by a borough tree branch.

3.      Letter from Mrs. Marie Hannon, 26 Epping Drive asking for reimbursement of $30.00 for a new sprinkler head broken by Topline Construction during the recent street project.

4.      Notice of Hearing on June 18, 2007 at 7:30 P.M. from the Roselle Park Planning Board for the purpose of adoption of a Housing Element and Fair Share Plan and amending their Master Plan to include the Housing Element and Fair Share Plan.

REPORTS

   

  1. Municipal Court Report for the month of May, 2007.
  2. Police Department Report for the month of May, 2007.
  3. Construction Department Report for the month of May, 2007.
  4. Borough Clerk’s Report for the month of May, 2006.
  5. Kenilworth Board of Education Meeting Minutes for February & March, 2007.
  6. Rahway Valley Sewerage Authority Meeting Minutes of April 19, 2007.

It was moved by Councilwoman Fiamingo, seconded by Councilman Pugliese and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.

 

MAYORS REPORT

Acting Mayor Taylor read a letter from Kathryn Nieves thanking the Mayor and Council and the Borough Clerk for “Youth In Government Day”.

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DEPARTMENT OF FINANCE

 

Councilwoman Fiamingo reported the Finance Committee met a few weeks ago to discuss Capital Projects. Additional information from the engineers is required in order to make recommendations regarding infrastructure improvements such as streets, etc. The Finance Committee has recommended to council that the Fire Department’s request for a new truck to replace an aging and unreliable engine be adopted and accepted and they are  waiting for  additional information on an estimate.  They are recommending  it  be financed through the Union County Improvement Authority.  There is a Resolution on this evening to authorize the Tax Collector to send out estimated tax bills.  The State has not adopted their budget and we are waiting for a response to the Extraordinary Aid Application. Tonight we have a second reading for the adoption of an Ordinance putting aside monies for an engineer to review the issue of a sewer authority and assuming the Ordinance is passed this evening we will be hiring the firm of Grotto Engineering.

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported  over the past three weeks the DPW have been working on fixing potholes, curbside brush removal, cleaning sanitary sewer lines, picking up and sweeping garbage along the Boulevard and cleaning Borough Parks, paths and dead-end streets. They are also painting the cross walks on the north side of town. They will be starting the south side of town in approximately two weeks.  The sewer truck is being repaired and in the meantime they will be using the Roselle Park sewer truck. Six DPW workers will be helping at Kenilworth’s Centennial Celebration this coming Saturday. The American flags along the Boulevard are in bad shape and in the near future they should be replaced.

DEPARTMENT OF PUBLIC SAFETY

 

Councilman Taylor read a report from the Police Chief’s monthly report of May, 2007.  The trailer the town applied for from the Federal Government is now in our possession.  It is being lettered this week and will be in service as a mobile command vehicle shortly. Last week Borough Officials and the Chief met with FEMA in an attempt to be reimbursed for costs associated with the April Nor’easter and it appears as if the repairs to the Detective Bureau trailer roof will be covered.  All residents who had their homes pumped out by the Fire Department during the storm were sent letters informing them of FEMA assistance.  The deadline for registering with FEMA for assistance is June 25th.  This past week the Borough has suffered from a rash of residential burglaries. Residents are urged to make their homes appear to be occupied when leaving.  Also, the Police Department is asking that they be called immediately if  anything appears to be the least bit suspicious in their neighborhood. The police would much rather check out something or someone that turns out to be nothing, then not get called, only to find out later that a home has been burglarized and someone neglected to call.  As everyone is aware, this Saturday is the Borough’s Grand Centennial Parade. Residents are urged to walk to the parade as the Boulevard will be closed from 10:00 AM until approximately 3:00 PM.  Union County Police Officers will be directing traffic while our department marches in the parade.

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DEPARTMENT OF PLANNING, ZONING & ORDINANCES

 

Councilman DeLuca reported the curb restoration project is moving along and is on schedule.  We are going to start the trench at DiMario Park to put in the conduit in order to put up the scoreboard.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported that the Recreation Department hired summer counselors for the Summer Parks Program.  The Fire Department will be donating their old 1871 fire  truck to a museum and the truck will have the town of Kenilworth displayed on it while it is in the museum.  We have appointed Michael Preise as a probationary EMT.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor had nothing to report as he is in between meetings.  Councilman Taylor reported he attended the Senior Awards Ceremony,  on behalf of the Mayor, and presented scholarships on behalf of the Pride in Kenilworth Committee and the Recreation Committee.

BILLS

Consolidated Bill List appears on the following pages.  (copy attached)

 

CONSENT AGENDA

Resolutions No. 1 thru 14 are listed on Consent Agenda and will be enacted by one motion in the form listed below. All items will be recorded individually in full in the minutes.

Councilwoman Fiamingo  moved that all items under Consent Agenda be approved, seconded by Councilman Taylor.  Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

Be It Hereby Resolved:   That all bills be paid when properly audited and funds are available

 

RESOLUTION NO. 2

                       

                        That the Borough Clerk be authorized to issue the following Raffle Licenses:

           

                       

                        #903  Kenilworth Jets, Inc. for an Off-Premise 50/50 Raffle on October 21, 2007 at 401 Monroe Avenue, Kenilworth, NJ 07033.

 

 

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RESOLUTION NO. 3

WHEREAS the following property was issued a permit and fees were received by the Building Department.

WHEREAS it has been determined that the homeowner is a senior citizen, and is entitled to a reduced fee as per Borough Ordinance No. 99-5.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following to:

Amount of $83.00 to be refunded to the homeowner, which represents the balance of the $250.00 exemption allowance.  Homeowner previously had $167.00 exempted.

            William & Linda Ciccone

            19 No. 10th Street

            Kenilworth, NJ   07033

            Block #75, Lot #3                  Permit #07-00131

RESOLUTION NO. 4

WHEREAS, it is anticipated that the Borough of Kenilworth will not be able to adopt its budget sufficiently in advance of the third quarter tax due date of August 1, 2007; and

WHEREAS, the Borough of Kenilworth has determined that there will be insufficient cash flow to support operations in late July without third quarter revenue being received on time;

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of  Kenilworth as follows:

  1. The Tax Collector be and is hereby directed to take all necessary steps to send out             

estimated bills for the third quarter 2007 in accordance with the provisions of

NJSA 54:4-66.2 et seq.

  1. That the Chief Financial Officer has reviewed the permissible tax levy range and

found the range should be set at 1.08% of the previous year’s tax levy. (2006 Tax Levy $28,300,279.89 x 1.08% = $30,564,602.28 or a tax rate of $3.474)

  1. That the Tax Collector take any and all additional steps to implement the substance of this resolution.

RESOLUTION NO. 5

WHEREAS, the voters of Union County overwhelmingly voted in favor of the Union County Open  Space, Recreation & Historic Preservation Trust Fund in November of 2000; and

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WHEREAS, Union  County Board of Chosen Freeholders established the Trust Fund creating local funding opportunities in previous years; and

WHEREAS, the 2007 Chairman’s Initiatives called for another “Greening Union County” grant program, a tree planting program that seeks to plan  new trees throughout Union County; and

WHEREAS, through “Greening Union County”, every tree purchased by the Borough of Kenilworth will be matched by Union County, tree for tree and dollar for dollar; and

WHEREAS, through “Greening Union County”, a forestry professional will provide the installation and a one-year maintenance guarantee for every tree purchased; and

WHEREAS, the Borough of Kenilworth wishes to apply to the Union County Trust Fund through the “Greening Union County” grant program for the purchase and installation of 10 trees (total) to be planted throughout Kenilworth; and

WHEREAS, the Borough of Kenilworth will match the “Greening Union County” grant program dollars in the amount of $987.50; and

WHEREAS, the Borough of Kenilworth will use the Trust Fund dollars in accordance with such rules and regulations governing the grant program.

NOW, THEREFORE, the Governing Body resolves that Mayor Gregg David or the successor to the office of  Mayor is hereby authorized to:

(a) make application for the grant

(b) provide additional application information and furnish such documents as may be required

(c) act as the authorized correspondent of the above named applicant.

RESOLUTION NO. 6

WHEREAS, Assembly bill A-3860, which was introduced in the New Jersey General Assembly on January 4, 2007,  is intended to modify the intent, purpose and standard of construction of the Municipal Land Use Law (MLUL); and

WHEREAS, under the bill all housing, whether it is an appropriate use of land or not, would be a purpose of the Act, thereby, allowing a developer of housing to argue special reasons  for a use or density variance; and;

WHEREAS, Section 2 of A-3860 strips from municipalities the  power to   protect the public good by denying the liberal construction to this enabling legislation required by the Constitution of New Jersey,  and would restrict  municipalities only to zone as specifically prescribed in the Act; and

WHEREAS, since the MLUL contains no specific zoning, but rather empowers municipalities to zone based upon their own unique circumstances A-3860 prevents regulation of developers where they are presently regulated by ordinance; and

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WHEREAS, the Borough of Kenilworth supports and encourage the provision of housing and other uses, consistent with and in conjunction with sound planning strategies, based on the unique land use patterns in a our municipality; and

WHEREAS, A-3860 undermines sound planning strategies and infringes on local zoning and planning discretion;  

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth urges our State Legislators to oppose A-3860;

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Senator Robert Menendez, Senator Frank Lautenberg, Assemblyman Neil Cohen and Assemblyman Joseph Cryan, members of the Assembly Housing and Local Government committee, the New Jersey State League of Municipalities and the Office of the Governor.

RESOLUTION NO. 7

Be It Hereby Resolved:   By the Governing Body of the Borough of Kenilworth that:

WHEREAS, 572 HOLDING COMPANY t/a TOSCA applied for renewal of its Plenary Retail

Consumption License No. 2008-33-013-009 for a one year period commencing July 1, 2007; and

WHEREAS, said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS, the Chief of Police and the Kenilworth Board of Health has reviewed the application and approved of the same; and

WHEREAS, special conditions were annexed to the applicant’s license as of this renewal period.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-013-009 of  572 Holding Company t/a Tosca be renewed for a one year period commencing July 1, 2007, subject however to the following condition:

            “That the sidewalk Café Area be closed at 11:00 P.M. Sunday through Thursday and 12:00 A.M. on Friday and Saturday.”

RESOLUTION NO. 8

Be It Hereby Resolved:   By the Governing Body of the Borough of Kenilworth that:

WHEREAS, The Michigan Pub of Kenilworth, Inc. t/a The Michigan Pub applied for renewal of its Plenary Retail Consumption License No. 2008-33-005-006 for a one year period commencing July 1, 2006; and

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WHEREAS, said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS, the Chief of Police and the Kenilworth Board of Health has reviewed the application and approved of the same; and

WHEREAS, special conditions were annexed to the applicant’s license when a Person to Person Transfer was granted on February 12, 2003; and

           

WHEREAS, the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-005-006 of The Michigan Pub of Kenilworth, Inc. t/a The Michigan Pub be renewed for a one year period commencing

July 1, 2006, subject however to the following condition:

            “That live entertainment is prohibited at this location, 303 South Michigan Avenue

 

RESOLUTION NO. 9

WHEREAS, Galmayo, Inc. t/a Blackthorn applied for renewal of its Plenary Retail Consumption License No. 2008-33-006-007, for a one year period commencing July 1, 2007; and

WHEREAS,  said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS,  the Chief of Police and the Kenilworth Board of Health have reviewed the application and approved of the same; and

WHEREAS,  special conditions were annexed to the applicant’s license when Expanded

 Premise was granted on July 2, 2001; and

WHEREAS,  the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-006-007 of Galmayo, Inc. t/a Blackthorn, be renewed for a one year period commencing July 1, 2007, subject however to the following conditions on the licensed premises:

1.      Occupancy on the deck area shall not exceed 145 persons.

2.      No permanent or portable service bars shall be allowed on the deck area.  All alcoholic beverages shall be served by waiters or waitresses.

3.      The deck area must be closed to patrons by 12:30 A.M., except on Thursday, Friday, and Saturday evenings when said closing shall be at 1:00 A.M., at which time the consumption of alcohol on the deck area shall be prohibited.

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4.      No music or other form of entertainment may be played, broadcast or conducted on or over the deck area after 12:30 A.M.

5.      Operating months for the deck area shall be from April 15th  through October 15th.

6.      Deck area allowed to be open March 17th (St. Patrick’s Day).

RESOLUTION NO. 10

WHEREAS, applications for renewal of Plenary Retail Consumption and Distributors and Club Licenses have been filed with the Borough Clerk with their proper fees, Police Chief William Dowd having approved the renewal of said licenses;

NOW, THEREFORE, BE IT RESOLVED that the Plenary Retail Consumption Licenses, Distributors and Club Licenses be renewed and granted for the license year 2007-2008:

2008-33-001-004          CJMK, Inc., t/a La Griglia

2008-33-002-005          LaDolce Vita of Kenilworth ½ La Dolce Vita

2008-36-004-006          Kenilworth Capital, Inc., t/a Kenilworth Inn

2008-33-008-006          Casa DePesce, Inc., t/a Umberto’s Clam Bar & Continental Restaurant

2008-44-009-004          Lehar Liquor Corp., t/a Kenilworth Liquors

2008-33-011-001          Lucky G, Inc., t/a/ Buffy’s Tavern

2008-44-012-004          PA & SA, Inc., t/a Parkway Liquors

2008-31-015-001          American Legion Post No. 470 Kenilworth,

                                      t/a American Legion Kenilworth 470

2008-31-016-001          Columbian Club of Kenilworth, t/a/ Columbian Club           

2008-33-010-005          Joseph Neri (Special Ruling)

All of the above premises have been inspected by the Kenilworth Board of Health; proof has been received that all applicants have paid the $200 filing fee to the Division of Alcoholic Beverage Control.

RESOLUTION NO. 11

Whereas, an emergent condition has arisen with respect to adoption of the 2007 Annual

Budget and no adequate provision has been made in the 2007 Temporary Appropriations

for the aforesaid purpose, and the N.J.S. 40A:4-20 provides for the creation of an

emergency temporary appropriation for the purpose above mentioned, and

 
                 

Whereas, the total emergency resolutions adopted in the year 2007 pursuant to the

provisions of Chapter 96,P.L. 1951 (N.J.S. 40A:4-20) including this resolution total

$1,896,885.00

               
                 

Now, Therefore, Be It Resolved (not less than two-thirds of all the members thereof

affirmatively concurring) that in accordance  with the provisions of N.J.S. 40A:4-20:

                 

1.  An emergency temporary appropriation be and the same is hereby made for salaries

    & wages and other expenses appropriations in the amount  $127,333.00.

 
                 

2.  That said emergency Temporary appropriation be provided for the 2007 budget

      under the title of:  Various line items.

         
                 
                 

ACCOUNT #

 

ACCOUNT NAME

 

FROM

 

TO

           

 

   

Salaries & Wages

             

701

 

Clerk

     

 $     39,585.00

 

 $     50,000.00

710

 

Tax Assessor

   

 $       7,500.00

 

 $     10,000.00

725

 

Construction Code Official

 

 $     16,222.00

 

 $     25,000.00

765

 

Streets & Roads

   

 $   198,245.00

 

 $   250,000.00

772

 

Buildings & Grounds

   

 $     17,000.00

 

 $     25,000.00

785

 

Board of Health

   

 $     18,660.00

 

 $     30,000.00

                 

Other Expenses

               

705

 

Financial Administration

 

 $     10,000.00

 

 $     12,000.00

772

 

Buildings & Grounds

   

 $     13,781.00

 

 $     20,000.00

785

 

Health Dept.

   

 $       5,293.00

 

 $     10,000.00

796

 

Celebration of Public Events

 

 $         500.00

 

 $       1,500.00

833

 

Municipal Court

   

 $       4,384.00

 

 $     10,000.00

837

 

Contribution to SS

   

 $     60,000.00

 

 $     75,000.00

RESOLUTION NO. 12

WHEREAS, certain General Capital Improvement appropriation balances remain

dedicated to projects now completed; and

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus,

NOW THEREFORE, BE IT RESOLVED, by the Council of the Borough of

Kenilworth, County of Union, the following unexpended and dedicated balances of General

Capital Appropriations be cancelled

           

ORDINANCE                          FUNDED AMOUNT CANCELLED

_

Ordinance 91-07        Storm Sewer burst/replace               $10,202.33

Ordinance 00-13            Drainage Lee Terr/Tulip Ct.               $16,508.38

Ordinance 01-03        Clinton Ave. Improvements             $10,621.83

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Ordinance 02-15        Part. Reconstruct. Various Sts.            $27,726.30

Ordinance 03-13            Reconstruct. Commonwealth                      $  7,834.56

Ordinance 98-23        Curbs-Wilshire, No. 12th St.                        $  5,905.12

Ordinance 99-3             Various Improvements             $   5,656.47

                                   

                                                Total                                        $ 84,454.99

RESOLUTION NO. 13

WHEREAS, certain Capital Reserve appropriation balances remain dedicated to projects now completed; and

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus,

NOW THEREFORE, BE IT RESOLVED, by the Council of the Borough of

Kenilworth, County of Union, the following unexpended and dedicated balances of Capital Reserve Appropriations be cancelled

           

NAME                                                                          AMOUNT CANCELLED

ADA Improvements 1994                                                    $113.66

Emer. Management Equip. 1994                 .                       $ 54.00

Purchase Emergency Generator                                            $     .02

Installation Smoke Detectors                                                        $179.00

ADA Improvements 1995                                                    $  21.71

Purchase DPW Equip. 1997                                                    $  50.89

Police Upgrade Computers                                                      $528.99

Equip/Imp Fire/Rescue Squad                                      $343.70

Office Equip Court/Rec                                                       $374.40

Diesel Exhaust Unit DPW                                                   $510.00

Police Attic Storage 1998                                               $2,526.00

Cooling Tower                                                                         $  50.00

Vehicle Storage Bldg. DPW                                                   $    4.00

Mun. Court Pur. Computer                                                            $  21.00

Crack Sealing 2001                                                             $4,886.60

Traffic Light Conversion                                                   $1,610.00

                                   

                                                Total                                  $ 11,327.97

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RESOLUTION NO. 14

            Be It Hereby Resolved:  That the following be employed as Recreation Summer Playground workers as of June 23, 2007:           

            Tina Lynaugh                      Head Counselor                   $300.00 per week

            Chris Moll                  Regular Counselor                 $6.50 per hour

            Ryan Jayne               Regular Counselor                 $6.50 per hour

            Ben DeVito             Regular Counselor                 $6.50 per hour

            Andrea Iturraide            Regular Counselor                 $6.50 per hour         

            Jenna Vitale               Regular Counselor                 $6.50 per hour

            Lisamarie Madonia            Regular Counselor                 $6.50 per hour

Proposed Ordinance No. 2007-06 was read for the second reading as follows: (Copy appears in the minutes of January 10, 2007)

                                                                        2007-06

AN ORDINANCE AUTHORIZING THE APPROPRIATION OF $35,000 IN FUNDS FROM THE CAPITAL SURPLUS BUDGET TO CREATE A MUNICIPAL SEWER UTILITY IN THE BOROUGH OF KENILWORTH

Acting Mayor Taylor stated that this is an ordinance to enact a sewer utility for the Borough of Kenilworth.  This is an organization that is going to take over the administration of the sewer bills.  Acting Mayor Taylor stated that since this is a second reading he will open the meeting to the public.  No one desiring to be heard, the meeting was closed to the public.

RESOLUTION NO. 15

Introduced by Kathi Fiamingo who also moved its adoption

Be It Hereby Resolved:   That proposed Ordinance No. 2007-06, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Robert Taylor and upon roll call unanimously carried.

RESOLUTION NO. 16

Introduced by Kathi Fiamingo who also moved its adoption

WHEREAS, pursuant to the Fair and Open Process Rule advertisements for proposals were posted on the Borough of Kenilworth’s Web Site and proposals were received and reviewed for the following Professional Service for which anticipated cost will be over $17,500 per year.

 

 

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PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE CREATION OF A SEWER UTILITY FOR THE BOROUGH OF KENILWORTH

NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Governing Body of the Borough of Kenilworth awards the contract for ENGINEERING SERVICES – SEWER UTILITY to GROTTO ENGINEERING ASSOCIATES at a cost of $35,000.00.

Seconded by Fred Pugliese and upon roll call, five in favor.

RESOLUTION NO. 17

Introduced by Kathi Fiamingo who also moved its adoption

Seconded by Fred Pugliese on roll call Councilman Corvelli voted yes, Councilman DeLuca voted yes, Councilwoman Fiamingo voted yes, Councilman Pugliese and Councilman Taylor abstained.  Three in favor.

Be It Hereby Resolved:  By the Governing Body of the Borough of Kenilworth that:

WHEREAS,  Ross Brothers II, LLC, t/a  Ross Brothers Bar and Liquors, applied for renewal of its Plenary Retail Consumption License No. 2008-33-003-007, for the one year period commencing July 1, 2007; and

WHEREAS,  said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control;

WHEREAS,  the Chief of Police and the Kenilworth Board of Health have reviewed the application and approved of the same; and

WHEREAS,  special conditions were annexed to the applicant’s license when it was last renewed for a one year period commencing July 1, 2006; and

WHEREAS,  the facts which led this Governing Body to impose such special conditions have continued; and

WHEREAS,  by reason of the nature of the applicant’s business and its clientele, patrons leaving the licensed premises have continued to create a nuisance on neighboring streets and properties by reason of loud and raucous noise and litter substantially interfering with the peace, quiet, and rights of those residing in the neighborhood and adjoining property owners; and

WHEREAS,  said situation will continue to exist unless certain special conditions are maintained upon the applicant; and

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WHEREAS,  the Governing Body has heretofore notified the applicant of its intention to impose this additional condition and afforded the applicant an opportunity to be heard concerning the same;

NOW, THEREFORE, BE IT RESOLVED  by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-003-007 of Ross Brothers II, LLC, t/a Ross Brothers Bar and Liquors, be renewed for a one year period commencing

July 1, 2007, subject, however, to the following conditions:

1.  That the licensee provide an employee to police the area in the neighborhood of the  licensed premises on both sides of North 10th Street (including privately owned properties whose owners file written consents with the Borough Clerk), and remove all bottles, cans, cartons and similar debris associated with the operation of a Plenary Retail Consumption business, every Friday, Saturday and Sunday morning;                                                                  

2.  That the licensee continue to employ personnel to maintain peace, quiet and good order within the licensed premises every  Friday and Saturday from 10:00 o’clock P.M. to closing;

3.  That the licensee employ other personnel to monitor and assist in maintaining peace, quiet and good order in its parking lot and street within such area as the Chief of Police shall direct,  every Friday and Saturday from 10:00 o’clock P.M. to closing, provide that the duties of such special police officers shall be limited to seeing that the patrons of “Ross Brothers Bar and Liquors” act peaceably, quietly and in good order as they arrive and leave the licensed premises, provided, however, that the Chief of Police, for good cause, may waive the requirement set forth in this paragraph for such periods of time when he deems its application unnecessary;

4.  That the licensee maintain an accurate count of all persons entering and leaving the licensed premises on Thursday, Friday and Saturday nights and provide such count, upon request, to the Mayor, Fire Chief, Police Chief, Fire Commissioner or their authorized representatives;

5.      That the licensee continue to maintain and utilize a “bull-horn” to announce the

license numbers of motor vehicles illegally parked so that the owners may remove the same promptly;

            6.  That no packaged goods be sold after 9:00 o’clock P.M.;

7.  That the licensee meet with the Mayor and /or Governing Body periodically upon request in order to discuss problems that may arise in connection with the operation of the licensed premises.

Regular Council Meeting – June 13, 2007                                                                      Page 14

In the event that any conditions or portion thereof be held invalid or unenforceable, the invalidity or unenforceability of such condition or portion thereof shall in no way effect any other condition or portion thereof. 

Acting Mayor Taylor stated the reason he and Councilman Pugliese abstained on their vote for the Ross Brothers liquor application was because they have a relationship with the owners of Ross Brothers.

Councilman Corvelli thanked the volunteers that worked on cleaning the Boulevard last Sunday.

Councilwoman Fiamingo also thanked Frank LoCerriera and Bob Herbert for spearheading the   clean up effort.

MEETING OPENED TO THE PUBLIC

Bob Herbert, 363 Coolidge Drive – Mr. Herbert asked Councilman Corvelli to reach out to the Fire Chief on behalf of the Carpenters Union.  The instructor at the apprentice program  would like to donate a logo for the hallway and would like the chief to pick the colors.  Mr. Herbert also stated that the Carpenters of America have appointed  associates to go to different schools to speak at the school on promoting a career in carpentry. He would like to set up a date for Career Day at the school.

Joanne Dillon, 308 Faitoute Avenue – Ms. Dillon asked what the Mayor and Council are planning to do in order to prevent reactivation of the freight train running through Kenilworth. She feels that both Mayors of Springfield and Summit have been extremely active in fighting to not have the train pass through their towns and Kenilworth needs to be more pro active by showing the Union County Freeholders that they are opposed to the train.  Acting Mayor Taylor replied that he also read the article yesterday regarding the reactivation and the Mayor and Council will discuss it at the next work session.  He also stated that the Mayor and Council have always been supportive of the Coalition. Ms. Dillon offered her services to help Kenilworth fight against the reactivation of the train.  Ms. Dillon stated that Springfield and Summit may be excluded from the original plans. Acting Mayor Taylor stated that Summit had a lot of financial constraints in regard to rebuilding the line in Summit. He stated the Mayor and Council attended meetings at David Brearley School a few years ago and this has been a dormant issue for almost two years.

John Zoeller, 86 Lincoln Place, East Rutherford – Mr. Zoeller spoke on behalf of the veterans and exempt fireman that applied for a license to sell items during the Parade. He stated that under Title 48, Section 24 of the Veteran Code the veterans are allowed to have licenses. He stated there were five veterans and one fire exempt that applied for licenses and have been told they cannot sell items at the parade.  Mr. Zoeller indicated he did not know if the Mayor realized that under the State statute they must be issued licenses. There was a court case in Washington Township in 2002 on this matter and that case was settled out of court.  Acting Mayor Taylor stated he would relay the message to the Mayor and he advised Mr. Zoeller to call the clerks office tomorrow. 

Regular Council Meeting – June 13, 2007                                                                      Page 15

ADJOURNMENT

There being no further business to come before the Council, it was moved by Councilman Corvelli, seconded by Councilman Pugliese and carried, that the meeting be adjourned to the call of the chair. All in favor

8:45 P.M.                                                                                 Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  



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